36C25723Q0869 0001_1.docx

SUBJECT*

Medical Cylinder / Gases

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

POINT OF CONTACT*

Contract Specialist Dayna Cantu dayna.cantu@va.gov 512-922-0142

PLACE OF PERFORMANCE

El Paso VA Health Care System

5001 N Piedras

El Paso TX

ADDITIONAL INFORMATION

DESCRIPTION

Amendment to Combined Synopsis/Solicitation:

Solicitation 36C25723Q869 is for Medical Cylinders / Gases intended for The Department of Veterans Affairs, El Paso VA Health Care System. The Government intends to make a Firm Fixed- Price contract award to a responsible vendor who meets the requirement IAW with the SOW with a fair and reasonable price that can provide the required supply in accordance with the attached documents, resulting from this solicitation for quotes.

The NAICS Code is 325120. Responses to this notice will be used by the Government to make appropriate evaluations and award decisions.

This solicitation is set a-side for SDVOSB. All vendors must be registered SAM.gov and VetCert at the time of submission of quotes.

Please ensure all information is provided on the attached SF 1449, signed/dated.

Please submit all offer information to Dayna Cantu at dayna.cantu@va.gov, no later than 05/25/2023, 1:00 PM CT.

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

Page 1 of

Amendment to a Previous Combined Solicitation

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 05/23/2023 756-23-3-045-0682 36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 To all Offerors/Bidders

36C25723Q0869 05-22-2023

X X X

X The purpose of this amendment is to:

1. Clause 52.212-1 is revised as shown below on the continuation page.

2. Disseminate Question and Answers as shown below on the continuation page.

All other terms and conditions remain unchanged.

Latasha Messer Contracting Officer Page 1 of Page 1 of The Addendum to FAR 52.212-1 is hereby replaced in Full by the following:

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

This requirement is 100% set aside for SDVOSB entities. Each Offeror must be verified/registered in SAM (https://sam.gov) and VetCert (https://veterans.certify.sba.gov/) at time of offer submission, in order to be considered for award. Proposals submitted in response to this solicitation shall include volumes addressing Price and Technical Capability. An Offeror’s failure to provide the information specified in solicitation provision 52.212-1 Instructions to Offerors – Commercial Items, Addendum to 52.212-1, provision 52.212-2 Evaluation— Commercial Items, or does not conform to the requirements of the solicitation in its proposal may result in that proposal not being considered by the Government for negotiation or award.

The VA will not pay any costs incurred in preparation and submission of offers.

The Quoters’ quotation must include all data and information requested herein and must be submitted in accordance with these instructions.

Nonconformance with the instructions provided herein will result in the quotation being found incomplete. Incomplete quotes will not be further considered for award. Quotations must be clear, concise, and must include sufficient detail for effective evaluation and for substantiating the validity of the claims stated in the quotations.

The quotation should not simply rephrase or restate the Government’s requirements but instead must address how the Quoter intends to meet the requirements described in this solicitation.

The Quoter should assume that the Government has no prior knowledge of its abilities and experience and will base its evaluation entirely on the information presented in the quotation.

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.

*Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

OFFER SUBMITTAL INSTRUCTIONS:

1) Offeror shall submit offers by Due Date/Time specified in Block 8 of Standard Form (SF) 1449 of solicitation to Dayna Cantu at dayna.cantu@va.gov with Solicitation 36C25723Q0869 in subject line.

2) Offeror shall submit a signed SF 1449 signature page of solicitation.

3) Offeror shall submit signed SF 30 solicitation amendment acknowledgements, as applicable.

4) Completed VAAR 852.219-76 – VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (JAN 2023).

5) Completed FAR 52.212-3 – Offeror Representations and Certifications.

6) All documents required MUST be signed for consideration.

The Quote shall consist of two (2) separate volumes:

Volume One (1): Price Volume Two (2): Technical

*The Government is not requesting nor accepting alternate quotes.

VOLUME ONE- PRICE

*No technical information should be contained in this volume.

The Price volume must contain one (1) complete copy of Section B.3, Cost and Price Schedule. The Schedule of Items is provided in Section B.3, cost and price schedule. The Quoter must fill out each line item within the solicitation. The Quoter shall complete the pricing schedule for all line items in order to be considered for award.

VOLUME TWO- TECHNICAL

*No Pricing information shall be contained in this volume

a. The Quoter shall provide technical information that demonstrates how it intends to successfully meet all the requirements of the Statement of Work. Failure to adequately address these specific areas in the statement of work will result in the quote being found incomplete or technically unacceptable.

b. In the event that the Quoter is not the manufacturer, the Quoter must identify the medical grade gas manufacturers that will be used as sub-contractors and produce copies of the manufacturer(s)’ licensing, permits or registrations as required by the states in which this contract is performed. Failure to provide these licenses, permits or registrations will render the quote incomplete and it will not be further evaluated for award.

c. The Quoter must provide a draft agreement (in the event that the quoter is not the manufacturer) between the Quoter and the manufacturer of the medical grade gases that will be supplied under the contract affirmatively demonstrating that the Quoter will be authorized by the manufacturer to resell the manufacturer’s medical grade gases. Failure to provide this documentation will be render the quote incomplete and will not be further evaluated for award.

*Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with FAR Part 9.104-1

Question and Answers:

1. Which of the (6) CBOCs in the EPVAHCS require direct delivery of either Cylinders, Liquid Nitrogen, or both? PG 5 of 98, Para 1.1 mentions “provide medical cylinder gases for the El Paso VA Health Care System (EPVAHCS) and CBOCs” however no specific CBOCs are notated.

ANSWER: No CBOCs are needed. All deliveries will be made to El Paso VA Health Care System (EPVAHCS) 5001 N Piedras, El Paso, TX, 79930.

1. PG 6 of 98, Para 2: “When gases using the contractor owned cylinders are ordered, the monthly rental rates shall apply on a day-to-day basis when the using facility is in possession of the tanks.” Can the GOV please elaborate on this? The facility is charged monthly rental based only on the # of cylinders on hand at the facility on the last day of the month/invoicing period.

ANSWER: “When gases using the contractor owned cylinders are ordered, the monthly rental rates shall apply on a day-to-day basis when the using facility is in possession of the tanks.” This statement is removed from the SOW as this is billed monthly.

1. Can the GOV provide examples of scheduled & unscheduled maintenance as identified in Para 7-2 & 7-3 on PG 9 of 98?

ANSWER: The vendor could be called upon to repair/fix any faulty equipment being rented despite the vendor having any schedule for their equipment maintenance if they have one.

1. Will the VA add a Loss of Use CLIN at the end of Option Year 3 to ensure there is a means to invoice for lost cylinders as a result of a closeout audit?

ANSWER: The VA will not add a loss of use CLIN.

1. PG 12 of 98, Para 9: “Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the Contractor at no additional cost.” Will the GOV please remove this language as this is highly nonstandard and vendors cannot perform this function due to liability reasons (damaging manifold, entering facility, and possibly interacting with patients). Standard industry practice is delivering to centralized delivery point (e.g., loading dock) and distribution/hookup of cylinders within the facilities is the responsibility of GOV personnel. Vendors cannot be liable for the hook up of cylinders to any GFE manifolds/appurtenances due to liability, risk of damaging GFE equipment, and drivers are not certified for this type of service. This function should only be performed by VA personnel who are more familiar and properly trained to the systems unique to the VAMC El Paso.

ANSWER: : “Attaching of oxygen cylinders to manifold systems, when required, shall also be performed by the Contractor at no additional cost.” This statement is removed from the SOW as the vendor is not allowed into the facility.

1. PG 13 of 98, Para 11.3: “Throughout the term of this contract, contractor shall maintain all federal, state, and local licenses applicable to the contractor as well as any required FDA certifications.” The State of TX Department of Health Services requires the Prime Contractor (SDVOB) to be licensed as a Prescription Drug Wholesale Distributor in the State (Medical Grade Oxygen is a prescription drug), as the SDVOB is the Contract holder and, the accountable entity to the GOV. How is the GOV ensuring compliance with this? Please confirm that the Prime Contractor must be licensed to distribute Medical Gases for Human Consumption by state of TX? This is a requirement and cannot be delegated to a SUB CONTRACTOR – regardless of an NMR. The awardee is the accountable entity to the GOV, not the sub, hence, if for instance there was any contamination of Gas, it is the Prime SDVOB contractor, i.e. Medical Gas is classified by the FDA as a Prescription Drug (Pharmaceutical), and given the RFQ, the only unlicensed entity in the Pharmaceutical Chain of Custody, could be the Awardee/Contract holder? Additionally, the Licensing requirement is directly connected to the VAAR 852.219-76 LIMITATIONS ON CONTRACTING requiring Offerors to certify in writing that they take ownership or possession of the item (on PG 57 of 98 in the RFQ). Being Evaluation is LPTA, if an SDVOB Offeror is not licensed in the state of TX then they are not Technically Acceptable.

ANSWER: Licensing requirements may be met through a offerors subcontractor as supported by case law.

1. PG 13 of 98, 12) Liability Insurance Requirements: How is the GOV going to discern that the offeror is properly insured for NAICS 325120/221210 – the actual requirement for this work to comply with the RFQ, and not just the dollar value thresholds listed in the RFQ? Specifically – does this mean insured for NAICS 325120/221210 and how does offerors validate they have the correct type of Liability Insurance to the GOV – does this have to be affirmed to the GOV at the time of bid submission (if not, an awarded firm could be turned down, or not be able to afford this coverage in the amounts the GOV requires respective to NAICS 325120 -- which is the NAICS VISN 2 is being solicited for)? This is important because there are very few underwriters that will insure small businesses for compressed gases – hence the GOV’s requirement is met -- would be covered if the Insurance Certificate lists the applicable NAICS ANSWER: This section is removed from the SOW / Not Applicable.

1. Why is Past Performance not a separate evaluation metric? How will the evaluation team verify offerors are technically capable to meet the contract requirements with industry experience?

ANSWER: Past performance was not included as an evaluation metric. The evaluation team will determine technical acceptability based on the RFQ and this amendment.

*Past performance is not a separate evaluation factor for this procurement. Past performance will be reviewed as part of the Contracting Officer’s responsibility determination prior to contract award in accordance with FAR Part 9.104-1.

1. What is the GOV’s rationale for evaluating Solely on Lowest Priced Technically Acceptable for such a critical function as Medical Grade Oxygen (a prescription drug) for a Veterans Hospital? Why not Evaluate via “Best Value” to ensure the VA receives the best possible offer/service and not just to the offeror with the lowest price who meets the minimum technical requirement?

ANSWER: In accordance with FAR 15.101-2, the Government has a high degree of confidence that reviewing the technical proposals of all offerors would not result in the identification of characteristics that would provide value or benefit to the agency. Therefore, LPTA is appropriate.